Rajbir Singh v. State Of Punjab

-1CRM-M-41844 of 2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-41844 of 2017 Date of Decision: 10.08.2018 Rajbir Singh ....Petitioner

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State of Punjab ....Respondent CRM-M-41934 of 2017 Rajbir Kaur ....Petitioner

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The State of Punjab ....Respondent CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. B.S. Baath, Advocate, for the petitioner in CRM-M-41844 of 2017.

Mr. Inderjit Sharma, Advocate, for the petitioner in CRM-M-41934 of 2017.

Mr. Harpreet Multani, AAG, Punjab.

Mr. T.V.S. Lehal, Advocate, for the complainant. RAMENDRA JAIN, J. (ORAL) By this common judgment, I shall dispose of aforementioned two petitions under Section 439 Cr.P.C. for grant of regular bail to petitioners Rajbir Singh and Rajbir Kaur in a case arising from FIR No.73 dated 09.10.2016 registered under Sections 302 and 34 IPC at Police Station Sekhwan, District Batala.

According to the prosecution, in the intervening night of 06/07.10.2016, petitioners having illicit relations with each other, in the RAVINDER SINGH 2018.08.13 15:04 I attest to the accuracy and authenticity of this document absence of husband of petitioner Rajbir Kaur, living abroad, murdered Joginder Kaur, mother-in-law of Rajbir Kaur, as the deceased was regularly

-2CRM-M-41844 of 2017 objecting to their illicit relations.

Learned counsel for the petitioners inter alia contend that petitioners are in custody since 09.10.2016. Material witnesses have already been examined. There are major contradictions in their statements. Co-accused Ajay Pal has already been granted regular bail. Therefore, treating case of the petitioners on the same parity, petitioners are entitled to regular bail.

On the other hand, learned State counsel, assisted by learned counsel for the complainant, has vehemently opposed the bail application. Considering overall facts and circumstances, but without expressing any opinion on the merits of the case, the petitions are allowed. Consequently, petitioners are ordered to be released on bail, on their furnishing bail bonds and surety bonds to the satisfaction of Trial Court/Duty Magistrate concerned.

(RAMENDRA JAIN) August 10, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.08.13 15:04 I attest to the accuracy and authenticity of this document